Privacy & PETs Simone Fischer-Hübner SWITS PhD course, 2012 1 st Session, 3rd May 2012, KTH
Overview I. Privacy - Definition II. EU Directives & Basic Privacy Principles III. Privacy Issues (LBS, Social Networks, RFID...) IV. Introduction to PETs, Terminology V. Mix-nets
I. Definition Warren & Brandeis 1890 “The right to be let alone”
Definition- Alan Westin 1967 “Privacy is the claim of individuals, groups and institutions to determine for themselves, when, how and to what extent information about them is communicated to others”
Privacy Dimensions Informational self- determination Spatial privacy
II. EU Directives EU Data Protection Directive 95/46/EC Objective: Protection of fundamental rights, freedom of individuals Harmonsation of privacy legislation in Europe Scope (Art. 3): applies to the processing of personal data wholly or partly by automatic means, and to the processing otherwise than by automatic means of personal data which form part of a filing system. Personal data: any information relating to an identified or identifiable natural person ('data subject') Does not apply for data processing for defense, public/state security, criminal law enforcement purely private or household activity (”household exemption”)
Basic Privacy principles implemented in EU-Directive 95/46/EC Legitimisation by law, informed consent (Art. 7 EU Directive) Data minimisation and avoidance (Art. 6 I c,e) Data must be adequate, relevant, not excessive & anonymised as soon as possible Purpose specification and purpose binding (Art. 6 I b) • ”Non - sensitive” data do not exist !
Example for Purpose Misuse Lidl Video Monitoring Scandal
Basic privacy principles (II) No processing of ” special categories of data ” (Art. 8) Transparency , rights of data subjects to be informed (Art.10) to be notified, if data have not been obtained from the data subject (Art.11) of access to data (Art.12 a) of correction of incorrect data / erasure or blocking of illegally stored data (Art.12b) to object to direct marketing (Art.14)
Basic privacy principles (III) Requirement of security mechanisms (Art.17) Sanctions (Art.24) Restricted personal data transfer from EU to third countries (Art. 25)
Basic privacy principles (IV) Supervision (Art. 28): Supervisory authorities monitor compliance act upon complaints be consulted when drawing up data protection regulations draw up regularly reports
Is it necessary to publish photos to the whole world Privacy Principles (instead of having restricted access for parents, students, in Practice etc. )? Purpose not well specified Policy is not directly accessible and website did actually not exist!
EU Directive 2002/58/EC on privacy and electronic communications Confidentiality of communications (Art.5): No interception/surveillance without the data subject’s consent Protection against cookies, spyware, web- bugs (“right to refuse”)
EU Directive 2002/58/EC on privacy and electronic communications (cont.) Traffic data (Art.6): Must be erased or made anonymous upon completion of transmission Processing for billing purposes permissible Processing for the purposes of value added services/marketing with the consent of the subscriber/user
EU Directive 2002/58/EC on privacy and electronic communications (cont.) Location data other than Traffic data (Art.9): May only be processed when made anonymous, or with the informed consent of the user/subscriber Where consent has been obtained, the user/subscriber must still have possibility of temporarily refusing the processing of location data Problem: Also Location Data within Traffic Data can be very sensitive
EU Directive 2002/58/EC on privacy and electronic communications (cont.) Unsolicited communications (Art.13): Opt-in system for electronic mail for direct marketing (so- called “spam”) Problem: US American CAN-SPAM Act of 2003 requires only Opt-out system, no SPAM legislation in most countries
Data Retention according to EU Directives 2002/58/EC and 2006/24/EC Art.15 of EU-Directive 2002/58/EC: allows member states to adopt laws for data retention for safeguarding security, defence, law enforcement Data Retention Directive 2006/24/EC: Requires telco companies to retain traffic and location data for 6-24 months Problems/Questions: Appropriate ? Threat to online privacy: Traffic data contains mainly ”fingerprints” of non-criminal users Criminals find ways ”around” Will anonymisation service providers be forced to collect more data than they would normally collect ?
New e-Privacy Directive, 2009/136/EC amending Directive 2002/58/EC Enacted on 18 Dec 2009, to be implemented by June 2011 Main changes: Privacy Breach Notification Requirement to implement a security policy, adopt measures to restrict access to personal data, and to protect against data breaches More strict SPAM legislation Consent for the placement of cookies
Newly proposed EU Data Protection Rules (Data Protection Regulation proposed 25 January 2012) Single set of data protection rules , valid across the EU, and if data are processed abroad by companies active in the EU market. One DPA in charge. ”Right to be forgotten” Right to ”data portability” Easier exercising of data subject rights (electronically, in relation to all recipients) Explicitly given consent , more transparency of data handling, easy-to-understand policies Increased accountability, privacy breach notification, higher penalites (up to 2% of global annual turnover) Privacy impact assessment (PIA) Privacy by Design (PbD) , Privacy by Default
III. Privacy Issues Global networks, cookies, webbugs, spyware,... Location-based Services (LBS) Ambient Intelligence, RFID... Cloud Computing Social Networks Smart Grids Video Surveillance
LBS - Risks Unsolicited tracking of user’s position, movements Unsolicited Profiling Disclosure of the user’s current context Disclosure of social networks Source: Lother Fritsch & Rannenberg, GUF
Smart Grids Picture source: Wikipedia
Smart Metering – Privacy Risks Each electrical appliance has its own fingerprint Provides information about when someone is at home, cooks, watches TV, takes a shower, etc. Allows real-time surveillance Of interest for burglars, insurance companies, law enforcement,… Source: Smart Metering & Privacy, Elias Leake Quinn, 2009
The RFID consumer privacy problem Wig Here’s model #4456 Replacement hip (cheap medical part #459382 Mr. Jones polyester) in 2020… Das Kapital and Communist- party handbook 1500 Euros in wallet Serial numbers: 30 items 597387,389473 … of lingerie Source:Ari Juels, RSA Laboratories
…and the tracking problem Wig serial #A817TS8 Mr. Jones pays with a credit card; his RFID tags now linked to his identity Mr. Jones attends a political rally; law enforcement scans his RFID tags Mr. Jones wins Turing Award; physically tracked by paparazzi via RFID
Privacy Risks of Social Networks Intimate personal details about social contacts, personal life, etc. The Internet never forgets completely.... Not only accessible by ”friends”
Freddi Staur (ID fraudster)
Identity Theft – ”Face Rape”
Privacy Risks of Social Networks – Social Network Analysis Social Network Analysis/Profiling by: • Employers • Schools/Universities • Tax authorities • Law Enforcement • Insurances • Hackers •…..
Art.29 Data Protection Working Party – Opinion 5/2009 on online social networking Who is the data controller? SNS providers Users ? No: if ”household exemption” applies Yes: If SNS is used beyond a purely personal/houshold activity (e.g., as a collaboration platform for a company) When access to profile information extends beyond self- selected ”friends” (e.g., access is given to all SNS members) – unless exemptions apply for journalistic purposes What are obligations of data controllers? Appropriate technical and organisational security measures SNS should offer privacy-friendly default settings Informed consent by other individual concerned Information to be provided by SNS Information about the SNS identity, purposes (Art.10 EU Directive) SNS users should be advised by SNS to obtain informed consent before uploading information/pictures about others
IV. Introduction to Privacy-Enhancing Technologies (PETs) Law alone is not sufficient for protecting privacy in our Network Society PETs needed for implementing Law PETs for empowering users to exercise their rights
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